Subject: Professional Ethics

Topic: PROFESSIONAL MISCONDUCT

NAME: MUNTASIR RAHMAN
STUDENT ID:2111215001011
REGISTRATION NO. – 210010117807
PROGRAM- BA.L.L.B (HONS)
3RD YEAR, 5TH (SEMESTER)
Professional misconduct in simple terms mean
improper conduct. In legal ethics, it means any act done
by an advocate which is unlawful, improper or wrong
behavior and violates work ethics to gain something
wrongfully.
 Instances of Misconduct
1. Dereliction of duty - It may be explained as that situation
wherein an advocate either hands over the brief of the case to
some other advocate or he abandons the client and fails to
discharge the required duty. Such a transfer is regarded as
unprofessional. However, it is not a misconduct if the advocate
does so after seeking the client’s consent.
 Case- V.C Ranga Durai vs D. Gopalaniii It was clarified by
the Apex Court that it is an obligation on the lawyer entrusted
with a case and its brief to follow the principles of professional
ethics and consequently protect the client’s interests. The
failure to do so would be a Professional Misconduct.
 The information may either be regarding an offence which has
already been committed or it may be about the commission of an
offence and preventing the commission of such an offence. If the
advocate knows or has a reason to believe that the information
being furnished is false, then he shall be charged for such
professional misconduct.
 Case- Emperor vs K.C.B A Pleader In this case, the Municipal
authorities seized certain boxes of ‘ghee’ as they were informed
that the ‘ghee’ was being adulterated. The authority ordered the
boxes to be kept under the custody or supervision of Mr. Bazrang
Marwari. Mr. Bazrang Marwari was falsely informed by the
advocate that the Municipal authorities had ordered that the boxes
were to be restored with the rightful owner. The information put
through by the advocate was false, thus, he was guilty and action
for misconduct was taken against him.
 On behalf of the Professional It is expected of an advocate to
exercise necessary skills and knowledge while going forward
with the case. Moreover, it is expected of him to not be careless
or negligent. However, professional misconduct would be
constituted in case there is negligence on the part of the advocate
accompanied by the fabrication of facts or the nondisclosure of
truth.
 Case- Mohd. Ismail vs Balarathnaiv In this case, the Supreme

Court noted that it would lead to misconduct in case a lawyer

fails to furnish the necessary documents required to proceed with
the case despite of recurrent adjournments.
An advocate is not allowed to switch parties during the course
of the case. All advocates are under the obligation to do their
best towards the case in order to safeguard the client’s interests.
He is not allowed to represent the interests of conflicting
parties. In simple terms, an advocate cannot represent both
parties to the case. The changing of sides or the safeguarding of
interests of both the parties to the case amounts to gross
misconduct by the advocate responsible.
 Case- State vs Lalit Mohan Nanda in the particular case, it

was held that there were no confidential communications in

possession of the counsel, which had not already become
public property when he accepted the brief for the opposite
party; further the counsel did not obtain his own discharge;
the proceedings in which he was engaged by the party.
Punishment for misconduct
The Disciplinary committee of the State Bar Council after
hearing the Advocate concerned and the Advocate general comes
to the conclusion that the misconduct is proved that it may pass
any of the following orders, namely (i) Reprimand the Advocate.
(ii) Suspend the Advocate from the practice for such period as it
thinks fit. (iii) Remove the name of the Advocate from the
Advocates Roll. Punishment may be awarded depending on the
gravity of misconduct established against him. The punishment
to remove from the Advocates Roll is awarded only in the cases
where the misconduct is of such nature that the Advocate is
unworthy of remaining in the profession. Where an Advocate is
suspended from the practice he shall not practice in any court or
tribunal or any authority or person during the suspended period.
Where notice is issued to the Advocate general, he may appear
before the disciplinary committee in person or through any
Advocate appearing on his behalf. If the misconduct is not
proved beyond reasonable doubt then the disciplinary committee
shall dismiss the petition.
Conclusion
Legal Profession is highly significant in nature. Law as a profession is
regarded as noble and righteous and thus, it is important that
professional ethics are maintained. There have been instances wherein
an Advocate attempted to murder his own client. Thus, it is extremely
necessary to make sure that people with such criminal tendencies are
not allowed to protect people from being punished.
A lawyer is supposed to protect people from being punished, it does
not suit a figure of such a stature to himself indulge in such instances
of misconduct. The Bar Councils of each state must conduct yearly
education programmes regarding the do’s and don’ts of the profession
in order to educate legal practitioners. It is equally important to remind
the Advocates of their various duty’s relating to the profession. In case
of misconduct, strict punishments must be awarded to the accused in
order to set examples for the rest of the Advocates .